Mandatory Vs Permissive
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Evidence1
Example wrong choices
14841_witness-sequestration-tort · EVIDENCE · Choice AThe judge refuses to allow Daniel's attorney to cross-examine Timothy, who was called as an adverse witness, by leading questions.
Why it's attractive
FRE 611(c) uses 'ordinarily should be permitted' — not mandatory
Why it's wrong
FRE 611(c) uses 'ordinarily should be permitted' — not mandatory
14841_witness-sequestration-tort · EVIDENCE · Choice BThe judge allows Daniel's attorney to ask Timothy, who was called as an adverse witness, questions on cross-examination that go well beyond the scope of direct examination by Paul.
Why it's attractive
FRE 611(b) says 'the court may, in the exercise of discretion, permit' — this is discretionary, not mandatory
Why it's wrong
FRE 611(b) says 'the court may, in the exercise of discretion, permit' — this is discretionary, not mandatory
14841_witness-sequestration-tort · EVIDENCE · Choice DThe judge allows cross-examination about the credibility of a witness even though no question relating to credibility was asked on direct examination.
Why it's attractive
FRE 611(b) says credibility matters are always proper on cross, regardless of direct
Why it's wrong
FRE 611(b) says credibility matters are always proper on cross, regardless of direct
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